This court granted pre-arrest bail to petitioners implicated in an IPC case arising from family discord, rejecting the State's objection. The court noted injuries were simple and held petitioners were not likely to abscond.
Release on pre-arrest bail on furnishing a bond of Rs. 20,000 each with two solvent sureties and cooperation with investigation.
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ABLAPL No.613 of 2018
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners in this case having been implicated in Bhadrak Rural P.S. Case No.05 of 2018 corresponding to G.R. Case No.14 of 2018, pending in the court of the learned S.D.J.M., Bhadrak for alleged commission of offences punishable under Sections 341/ 294/ 323/ 324/ 307/ 354/ 506/34 of the I.P.C., have filed this petition for their release on pre-arrest bail.
It appears that this Court, while calling for the Case Diary in this case for disposal of this petition under Section 438 of Cr.P.C., had directed to release the petitioners on prearrest bail in the event of their arrest interimly till the next date vide order dated 08.02.2018. In the meanwhile, investigation has substantially been progressed. Injuries sustained are simple in nature. No doubt, one of the person was stated to be referred to S.C.B. Medical College & Hospital, Cuttack, but no report in this regard has been received.
Learned counsel for the petitioners submits that the injury sustained by the injured not grievous in nature and he is also not in hospital now. The case arose out a family discord. However, counsel for the State made objection to the prayer for bail.
No doubt, some of the petitioners have criminal antecedent, but considering the circumstances in which offences stated to have been committed and they are not habitual offenders and nothing is there indicating the fact that they are likely to abscond and/or tamper with the prosecution evidence, if released on pre-arrest bail and also nothing is reported against them to have misutilized the liberty granted to them pursuant to the interim bail, this Court is of the view
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that the petitioners in this case deserves to be released on pre-arrest bail.
Hence, it is directed that if the petitioners have already availed of the interim order of release on bail being arrested, the same is made absolute, in other words, the same be treated as release of the petitioners on pre-arrest bail in exercise of power under Section 438 of Cr.P.C. by this Court. Otherwise, if the petitioners have not availed of the said interim order, in the event of their arrest in connection with the aforesaid case, they shall be released on bail on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) each with two solvent sureties each for the like amount including the condition that they shall cooperate with the investigation. Furthermore, if in the meantime charge-sheet has already been submitted and the petitioners have also not availed of the interim order of this Court, then the petitioners may surrender before the Court in seisin over the matter within four weeks hence and makes a motion for bail and they shall be allowed to be released on bail by the Court concerned on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) each with two solvent sureties each for the like amount including the condition that they shall cooperate with the investigation.
Accordingly, the prayer for pre-arrest bail stands allowed and the ABLAPL is disposed of.
Issue urgent certified copy as per rules.
……………..…….. S. Pujahari, J.
DA
1 issue framed by the court
Whether the petitioners, charged with IPC offences including Section 307 IPC and having criminal antecedents, are entitled to pre-arrest bail.
1 provisions across 1 enactments
The Petitioners
The State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
